Legal Opinion

Town of New Castle v. Lake Erie & Western Railroad

Indiana Supreme Court

Decided June 6, 1900No. 18,743PublishedCited by 15 opinions

From the Hancock Circuit Court.

1Opinion of the CourtBaker, C. J.

— Suit by appellant to compel appellees to remove their railroad tracks from a street. The complaint in substance alleges that Locust street as originally platted *19was fifty feet wide and ran north and south from the north line of the original plat of the town of Yew .Gastle’to Broad street, which was the second cross-street south; that Locust street has been continuously, for more than sixty-five years, opened, improved and maintained as a public street of the town; that the appellees and their grantors without right entered upon the street and constructed and maintained and appellees now…

2Cases cited26 opinions

  1. City of Clinton v. Cedar Rapids & Missouri River RailroadSupreme Court of Iowa · 1868
  2. Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
  3. Jorgensen v. . SquiresNew York Court of Appeals · 1895
  4. Indianapolis & Cincinnati Railroad v. State ex rel. City of LawrenceburgIndiana Supreme Court · 1871
  5. Protzman v. Indianapolis & Cincinnati RailroadIndiana Supreme Court · 1857

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3Cited by15 opinions

  1. City of Mesa v. Salt River Project Agricultural Improvement & Power DistrictArizona Supreme Court · 1962
  2. Grand Trunk Western Railway Co. v. City of South BendIndiana Supreme Court · 1909
  3. Falender v. AtkinsIndiana Supreme Court · 1917
  4. Oster v. BroeIndiana Supreme Court · 1902
  5. Manion v. Lake Erie & Western Railway Co.Indiana Court of Appeals · 1907

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